특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Sentencing sentencing on the gist of reasons for appeal
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
Y The Defendant was a juvenile under the Juvenile Act at the time of the pronouncement of the judgment of the court below, but became an adult in the past.
Therefore, the judgment of the court below that sentenced the defendant to an illegal sentence in accordance with the Juvenile Act was no longer maintained.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, on the ground that the above ground for reversal ex officio is reversed, and the judgment below is reversed, and it is again decided as follows.
【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (2) 1, Article 44 (1) of the Traffic Act, Article 152 (1), and Article 43 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Imprisonment with prison labor chosen;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity are as follows: (a) the Defendant recognized and reflected the instant crime; (b) the Defendant was a juvenile under the Juvenile Act at the time of the instant crime; (c) the Defendant agreed with the victim’sO only; and (d) the fact that there was no record of criminal punishment is favorable to the Defendant.
① However, the Defendant could have been subject to juvenile protective disposition due to the same crime. ② At the time of each of the instant crimes, the alcohol level of the Defendant’s blood was significantly high by 0.216% and 0.212%, ③ the Defendant committed each of the instant crimes, approximately 6 weeks, and 10 weeks, respectively.